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People v. Banks

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1997
244 A.D.2d 345 (N.Y. App. Div. 1997)

Opinion

November 3, 1997

Appeal from the Supreme Court, Queens County (Dunlop, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the lineup was fair and not impermissibly suggestive (People v. Tinnen, 238 A.D.2d 615; People v. Bookman, 232 A.D.2d 498; People v. Biggs, 221 A.D.2d 649; People v. Pinckney, 220 A.D.2d 539; see also, People v. Chipp, 75 N.Y.2d 327, 336, cert denied 49 U.S. 833). Moreover, the record supports the hearing court's determination that defense counsel was given appropriate notice and a reasonable opportunity to attend the lineup (see, People v. Pena, 242 A.D.2d 545; People v McRae, 195 A.D.2d 180; cf., People v. LaClere, 76 N.Y.2d 670).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.

O'Brien, J. P., Thompson, Santucci and McGinity, JJ., concur.


Summaries of

People v. Banks

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1997
244 A.D.2d 345 (N.Y. App. Div. 1997)
Case details for

People v. Banks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMAR BANKS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 3, 1997

Citations

244 A.D.2d 345 (N.Y. App. Div. 1997)
665 N.Y.S.2d 322